Thompson v. State
119 So. 3d 1007
Miss.2013Background
- On May 1, 2011, a shootout occurred at Confederate Ridge Apartments in Vicksburg involving Corey Thompson, Jermaine Wright, and Maurice Morris; Morris died and Thompson was wounded.
- The State charged Thompson with attempted armed robbery (two counts), alleging Thompson and an accomplice, masked, attempted to rob Wright and Patrick Tucker and Wright fired in self-defense.
- Thompson admitted being armed and involved in the shootout but testified he acted in self-defense and denied intent to rob; he also denied wearing a mask.
- At trial the court denied Thompson’s proposed self-defense jury instruction and his counsel did not request a circumstantial-evidence instruction.
- Thompson was convicted on both counts and sentenced to concurrent 20-year terms (8 suspended, 12 to serve), fines, and costs; he appealed claiming (1) denial of his right to present his theory of defense by rejecting a self-defense instruction, and (2) ineffective assistance for failing to request a circumstantial-evidence instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether refusal to give a self-defense jury instruction violated Thompson’s right to present his theory of the case | Thompson: Court’s refusal prevented jury from considering his self-defense theory | State: Self-defense instruction is inapplicable to robbery charges | Affirmed — refusal not error because self-defense is not a defense to robbery under controlling precedent |
| Whether counsel was ineffective for not requesting a circumstantial-evidence instruction | Thompson: No direct evidence ties him to the robbery; counsel should have requested circumstantial-evidence instruction | State: Thompson admitted involvement and display of a deadly weapon, supplying direct evidence; failure to request was not deficient | Affirmed — counsel not ineffective; direct evidence existed so circumstantial-only instruction not required |
Key Cases Cited
- Newell v. State, 49 So.3d 66 (Miss.2010) (standard of review for jury instructions is abuse of discretion)
- Johnson v. State, 29 So.3d 738 (Miss.2009) (self-defense instruction not applicable to robbery)
- Goff v. State, 14 So.3d 625 (Miss.2009) (two-part Strickland framework for ineffective-assistance claims; presumption counsel competent)
- Kirkwood v. State, 52 So.3d 1184 (Miss.2011) (distinguishes direct evidence vs. circumstantial evidence; circumstantial-evidence instruction required when no direct evidence links defendant)